§ 1399. Exceptions for construction and maintenance equipment; fire apparatus; and heavy-duty tow and recovery vehicles (a) As used in this section, “heavy-duty tow and recovery vehicle” means a vehicle that: (1) is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility; and (2) has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported. (b) Nothing contained in sections 1391–1398 of this subchapter shall restrict the weight of: (1) Snow plows, road machines, oilers, traction engines, tractors, rollers, power shovels, dump wagons, trucks, or other construction or maintenance equipment when used by any town, incorporated village, city, or the State in the construction or the maintenance of any highway, provided that such construction or maintenance is performed by persons employed by or under contract with such town, incorporated village, city, or the State for this purpose. However, any operation of motorized highway building equipment or road making appliances used in construction work contracted by a town, incorporated village, city, or the State shall be unrestricted as to weight only within a construction area. (2) Municipal and volunteer fire apparatus and law enforcement motor vehicles. (3) Heavy-duty tow and recovery vehicles on the Dwight D. Eisenhower System of Interstate and Defense Highways.
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